Published: 18/06/2026 By Beth Webber
Gates and stiles are common features throughout the Public Rights of Way network and remain an integral part of the countryside landscape. Their designs vary considerably depending on age, location, and local tradition, ranging from historic stone slab stiles to modern galvanised self-closing gates.The primary purpose of these structures is to control livestock while still allowing public access along the route. Consequently, responsibility for the maintenance of gates and stiles generally rests with the landowner. Under the strict interpretation of the Highways Act 1980, if livestock were not present on the route, there would be no requirement for such structures to exist.
As a result, the landowner is also responsible for ensuring that these structures remain safe and fit for public use. It is therefore advisable to undertake regular inspections and maintain photographic records of their condition, particularly for stiles and gates located on bridleways. Demonstrating a consistent record of inspection and maintenance can be valuable evidence should an accident or public liability claim arise.
It is important to note that landowners do not have an automatic right to install a new gate or stile on a Public Right of Way, even where livestock control is required. Written consent must first be obtained from the relevant Highway Authority under Section 147 of the Highways Act 1980. Failure to secure this consent may result in the structure being deemed an unlawful obstruction of the highway, enabling the local authority to require its removal and, where necessary, take enforcement action.
Many local authorities now operate policies governing the installation of new structures and generally follow the principle of the “least restrictive option”, as set out within the British Standard for Gaps, Gates and Stiles. This hierarchy prioritises accessibility and generally applies the following order of preference: a gap, a self-closing gate, a kissing gate, and finally a stile. Increasingly, many authorities no longer authorise the installation of new stiles at all.
To obtain consent under Section 147, most authorities will require a written justification, together with a grid reference and a plan showing the proposed location of the structure. The approval document will normally specify the agreed design details, including dimensions, opening mechanisms, and latching arrangements. Site inspections are commonly undertaken both before and after installation to ensure the structure complies with the approved specification before final sign-off is granted.
Given this, proper maintenance and compliant installation of gates and stiles help to ensure safe public access while supporting effective livestock management and reducing the risk of claims and enforcement action.
For advice on maintaining, creating, or indeed avoiding creating rights of way, please contact Beth Webber, Rural Chartered Surveyor in our Devizes office on 01380 710535, or our Rights of Way experts in your nearest Symonds & Sampson office.
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